Please help!! H1B xfer and AP!

A

aiai7588

New Member
my husband is I485 pending for more than 180 days. He want to change his job recently, we have some questions:

1. can he just use H1B transfer but not EAD to keep H1B status?

2. He also want to use AP to come back China recently, is there any good way he can keep his H1B? What's the best strategy, use AP first of H1B transfer first?

thanks for any response. :confused:
 
aiai7588 said:
my husband is I485 pending for more than 180 days. He want to change his job recently, we have some questions:

1. can he just use H1B transfer but not EAD to keep H1B status?

2. He also want to use AP to come back China recently, is there any good way he can keep his H1B? What's the best strategy, use AP first of H1B transfer first?

thanks for any response. :confused:
Click to expand...
H1b transfer for new job can be done to maintain H1B status inspite of having EAD.

assuming you'll do H1B transfer, I advise you to use H1B instead of AP to enter US.
 
fast_gc_seeker said:
H1b transfer for new job can be done to maintain H1B status inspite of having EAD.

assuming you'll do H1B transfer, I advise you to use H1B instead of AP to enter US.
Click to expand...

Thanks gc seeker! :)
So you mean with AOS, he can't do the H1B transfer, isn't right? Then how about he do the H1B transfer first, will the AOS invalidate his new H1B? You know the H1 visa for Chinese is one-time visa, of course we really don't want to apply a new visa when we come back China, that's the reason we apply for the AP. Does that mean he must use EAD to work for the new employer if he used his AP?

Thanks!
 
aiai7588 said:
Thanks gc seeker! :)
So you mean with AOS, he can't do the H1B transfer, isn't right? Then how about he do the H1B transfer first, will the AOS invalidate his new H1B? You know the H1 visa for Chinese is one-time visa, of course we really don't want to apply a new visa when we come back China, that's the reason we apply for the AP. Does that mean he must use EAD to work for the new employer if he used his AP?

Thanks!
Click to expand...
even when somebody is in AOS they can still do a H1B visa transfer. doing H1B transfer during AOS does not invalidate AOS and vice versa.

you dont have to use EAD if you use AP to enter US. If you use EAD then you need to sign a new I-9 form with your employer which will invalidate your H1B status.

Hope I answered your questions.
 
You must log in or register to reply here.
Top